Category: DUI Case Results

Police respond to tow company’s call of vehicle off roadway during heavy rain storm. Police arrive some time later and interview client at scene where he admits to being driver of vehicle that went off roadway after hitting large puddle. Police cannot find puddle in roadway and ultimately arrest client for DWI after he allegedly fails field sobriety tests. Government cannot establish beyond reasonable doubt that client was driver of vehicle at time of accident as there is no other corroborative evidence linking him to the vehicle. DWI charge dismissed prior to trial.

Police stop client for speeding on motorcycle. Client admits to having three drinks and performs reasonably well on standard field sobriety tests. Officer notes client’s complete cooperation and extremely polite and respectful demeanor throughout arrest process. Defense prepared to argue that operation of motorcycle vehicle and defendant’s demeanor and behavior inconsistent with intoxication. DWI charge dismissed prior to trial.

Client is stopped by police for marked lanes violations. Police allege client performs poorly on field sobriety tests. Defense is able to exclude reference at trial to one field sobriety test based on foundational requirements and excludes evidence of .24 BrAC breath test results. Not guilty verdict following trial.

Police respond to local tavern for report of underage person trying to enter establishment with fake ID. Client is stopped in parking lot to allow police to speak to his passenger about alleged fake ID. Client admits to drinking and is subjected to several non-standard field sobriety tests which the police allege he failed. Defense files Motion in LImine to exclude evidence of client’s performance on all field sobriety tests not recognized by National Highway Traffic Safety Administration and NH Police Training and Standards. DWI charge dismissed prior to trial.

Client stopped by police for traveling on main downtown avenue without headlights activated. Client admits to having “a few” beers” at local tavern and submits to field sobriety tests which police allege he fails. Defense prepared to challenge officer’s opinion of client’s performance on field sobriety tests with medical records establishing recent total hip replacement and knee injury. Booking video is inconclusive establishing client’s impairment. DWI charge dismissed prior to trial.

Client stopped for speeding. Arresting officer alleges that client displayed slurred speech, strong odor of alcohol, glassy, red eyes and had extreme difficulty with all field sobriety tests. Officer testifies that client fell into car exiting vehicle and stumbled throughout field sobriety testing. Defense cross exam focuses on credibility of police officer’s testimony and offers civilian witness that picked up client following arrest to rebut officer’s opinion that client was impaired by alcohol. Not guilty verdict following trial.

Client stopped by police for operating vehicle with headlight out. Officer detects odor of alcohol and asks client to submit to battery of standard field sobriety tests. Client weighs in excess of 350 lbs. Defense prepared to challenge validity of field sobriety tests based on client’s weight and other physical limitations. DWI charge dismissed prior to trial.

Client stopped by police for speeding. Upon admission of drinking client is asked to submit to field sobriety tests and is arrested and charged with DWI. Post arrest breath test discloses .11 BAC. Defense tests captured samples of breath through independent laboratory which results in non-corroborative finding with .04 variation. Independent laboratory confirms that historically samples submitted for testing from this department’s Intoxilyzer machine were non-corroborative 11 out of 20 times. State replaces Intoxilyzer machine. DWI charge dismissed.

Client arrested for DWI with post arrest breath test results of .12 BrAC. Defense requests administrative hearing to challenge two (2) year administrative suspension for subsequent DWI. Defense establishes that government cannot prove valid twenty (20) minute observation period was completed prior to breath test being administered. Two year ALS dismissed.

Client arrested driving to hotel from wedding. Post arrest breath test results are .12 BrAC triggering mandatory 180 day administrative license suspension. Defense requests administrative hearing and specifically requests attendance of breath test machine operator. Government only produces arresting officer at hearing to testify without calling breath test machine operator. Defense Motion to Dismiss Administrative Suspension allowed.